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PEOPLE v. COLON

1103, 2106/12.

139 A.D.3d 466 (2016)

29 N.Y.S.3d 796

2016 NY Slip Op 03670

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCIAL COLON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2016.

Clear and convincing evidence supported the assessment of 20 points under the risk factor for continuing course of sexual misconduct (see People v Mingo, 12 N.Y.3d 563 [2009]). The detailed case summary and felony complaint constituted reliable hearsay, and the court properly relied on them for proof of criminal conduct for which defendant was neither indicted nor convicted (see People v Johnson, 130 A.D.3d...

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